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(영문) 의정부지방법원 2020.11.12 2020고정1168
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The head of a Si/Gun/Gu may order an actor who has conducted an act changing the form or quality of a building, structure, or land without permission to take necessary measures, such as removing a building, within a reasonable period, and any person shall comply with such corrective order.

Defendant

A as a lessee of land B in Gyeonggi-do, 2011 without obtaining permission from the competent authorities.

3. From the first patrolman to March 2019, the camping ground is operated under the trade name of “C” after changing the form and quality of the above B land and constructing a building, etc.

From May 1, 2019 to June 1, 2019, the Defendant received a corrective order with the purport that “Yong-gu (area 7,260.0 square meters),” “Y-gu (area 7,260 square meters),” “Y-20 square meters (x 6.0 square meters) of steel structure,” “H-20 square meters of light metal structure,” and “an area 5.0 square meters of light metal structure (area 5.0 square meters), toilets (area 5.2 square meters), toilets (area 3.0 square meters),” “hump (area 1.0 square meters),” and “hump toilets (area 1.0 square meters),” the Defendant did not restore it to the original state.

Accordingly, the defendant did not comply with the corrective order of the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation, a written investigation of offenses, and an on-site photograph;

1. Application of Acts and subordinate statutes to written advance notice of corrective orders and public notice of corrective orders;

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 32 and 30 (1) of the Act on Special Measures for Designation of Areas of Restricted Development concerning Facts constituting a crime and punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing conditions specified in Article 334(1) of the Criminal Procedure Act, which include the following circumstances, shall be determined as ordered in consideration of all the sentencing conditions specified in the instant case.

The favorable circumstances: The defendant's recognition of the crime of this case is against the defendant, and some of the original features are considered to have been committed: The defendant has a record of being punished for the same crime.

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